Bourke v Robertson and Caffrey [2015] NSWCATAP 2

Bourke v Robertson and Caffrey [2015] NSWCATAP 2

The Appeal Panel found that as at the date the termination notice was deemed served (by post), the tenant was in arrears of rent by more than 14 days and all payments had been adequately credited. The notice was validly served in compliance with the Residential Tenancies Act 2010, and there was no question of law or substantial miscarriage of justice warranting leave to appeal. Thus, application for leave to appeal and the appeal itself were dismissed.

Jurisdiction
Australia
Judgment Date
14 January 2015
Procedural Posture
Appeal / Application for Leave to Appeal and Review of Tribunal Decision
Outcome
Application for leave to appeal dismissed; appeal otherwise dismissed; stay lifted; original orders remain in force.
Legal Topics
['rent Arrears' 'termination Notice Validity' 'service of Notices' 'appeal on Question of Law']
['tenancy' 'civil Procedure'] ['rent Arrears' 'termination Notice Validity' 'service of Notices' 'appeal on Question of Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Leave to Appeal and Review of Tribunal Decision

Legal Issues

  1. 1 ['Whether the termination notice was valid having regard to rent arrears of not less than 14 days at date of notice' 'Whether the termination notice was validly served under the Residential Tenancies Act 2010' 'Whether there was an error of law sufficient to grant leave to appeal']

Ratio Decidendi

The Appeal Panel found that as at the date the termination notice was deemed served (by post), the tenant was in arrears of rent by more than 14 days and all payments had been adequately credited. The notice was validly served in compliance with the Residential Tenancies Act 2010, and there was no question of law or substantial miscarriage of justice warranting leave to appeal. Thus, application for leave to appeal and the appeal itself were dismissed.

Court Disposition

Application for leave to appeal dismissed; appeal otherwise dismissed; stay lifted; original orders remain in force.

Orders

  • ['Application for leave to appeal is dismissed' 'Appeal is otherwise dismissed' 'The stay made 25 August 2014 is lifted' 'The orders made 13 May 2014 remain in full force and effect']